Terms & Conditions

Acceptance of terms
These terms and conditions govern all supply of goods and services ("products") by Tyreworks BOP Ltd ("Tyre Works Mega Mt Maungan", "we, "us") to you, the purchaser of goods and services from us, including your use of the website at www.tyreworks.co.nz ("the website"). They are effective from 01/11/2018 and will replace all earlier Tyreworks BOP Ltd terms of trade and any conditions contained in any document used by you and purporting to have contractual effect.

We reserve the right to change these terms of trade by notice to you. Notice may be given by posting the revised terms and conditions on our website.

To make a purchase from our online shop you must be 18 years of age or over.

Purchases from our online shop may only be made by persons who are acquiring goods or services for their own use or consumption, and you must not acquire goods from us via the website for resupply (whether in trade or otherwise).

If you are purchasing on behalf of another entity such as a company you warrant you have the authorisation to agree to these terms and conditions on behalf of the entity.


Availability and supply
Once we have confirmed acceptance of the purchasers order, we will notify the buyer when the products are available to be fitted in-store. Any quotations of availability times we make are in good faith but are estimates, and we should not be bound by such quotation. We will not be liable for any loss, expense, or other damage caused by any delay in availability.

We may cancel the transaction, notwithstanding that the order has been confirmed and your credit card has been charged if the products are listed at an incorrect price, listed with incorrect information, out of stock, or the Booking Date is unavailable due to a (i) typographical error or other similar oversight; or (ii) a system error, technical error or other similar error.

We may become aware that on your Booking date, the Tyre Works Mega Site at which you have chosen to have your goods installed has insufficient:(i) goods or availability of resources to supply services to fulfil the order or the goods or services are not available to supply; or (ii) personnel available to perform the services to fulfil the order. In that event, we may, with your agreement and without cancelling your order, change the Booking date of your order. If we are unable to agree on an alternative Booking date, then we will be taken to have cancelled your order.

If a cancellation occurs due to (i) or (ii) above, after your credit card has been charged for the purchase through this Website, we will as soon as possible issue a credit to your credit card account equal to the purchase price.


Delivery and delivery charges
Prices for goods and services stated on our website are inclusive of any applicable delivery charges.

We only deliver/ship goods to our Tyre Works Mega stores in Mt Maunganui and Rotorua and will not ship to purchasers direct addresses. Tyres purchased through Tyre Works Mega must be fit by Tyre Works Mega to ensure correcting fitting and product performance.


Pricing
All prices are in New Zealand Dollars and are inclusive of any Goods and Services Tax ("GST") unless stated to be otherwise but are exclusive of delivery charges. All prices are correct when published. We reserve the right to alter prices at any time.

The prices displayed online are available for online orders only and may differ from prices in-store.

An invoice will be emailed to you at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct.


Payment options
We accept the following credit cards: Visa, MasterCard and American Express.

We accept payment from your Laybuy account if you have one.


Credit Card Security
All payments are processed via Payment Express secure payments system to ensure high levels of payment security and are subject to Payment Express's terms and conditions. To review Payment Express's terms and conditions visit https://www.paymentexpress.com/terms&conditions



Fitting
Our standard fitting charge of $30 including GST is applied per tyre and shown online as "$Price + Fitting". Fitting includes value, casing, tyre disposal and balance.



Delivery and delivery charges
Prices for goods and services stated on our website are inclusive of any applicable delivery charges.

We only deliver/ship goods to our Tyre Works Mega store in Mt Maunganui and will not ship to purchasers direct addresses. Tyres purchased through Tyre Works Mega must be fit by Tyre Works Mega to ensure correcting fitting and product performance.


Returns
All orders are subject to the availability of products. We may revise the range of products or the specification of any product at any time and without notice to the buyer.

Where products are listed on our website with an incorrect price or with incorrect information, we reserve the right to cancel the purchaser's order (regardless of whether the buyer has made payment for that order). Where the purchaser has already made payment for an order that is subsequently cancelled by the seller, the seller will refund the amount paid by the buyer in relation to that order.

If you decide that you no longer require the tyres after making payment online, but before they are fitted, please email accounts@tyreworks.co.nz to arrange for a refund to be processed against your credit card.

If, on inspection of the tyres before fitment you are not happy with your purchase, the tyres can be exchanged or refunded. You will be asked to complete a Customer Refund Request form in-store and the refund will then be processed against your credit card or bank account.

Once the tyres are fitted to your vehicle, they cannot be returned.

If you are not happy with the product or service provided, you can make a complaint to accounts@tyreworks.co.nz or by calling either store and discussing with the Store Manager.

"We do not have to provide a refund if you have changed your mind about a particular purchase, so please choose carefully. If the goods are faulty, we will meet our obligations under the Consumer Guarantees Act to provide a remedy."


Liability Limitation
Where you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.

We will always endeavour to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website.

To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.

Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.

Applicable law and jurisdiction
Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.

Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.

Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).

You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.

Privacy policy and Confidentiality
Unless you opt to receive messages from us we will not contact you again in future. If you have opted to receive ongoing communications and at a later date you no longer wish to receive these communications you will be able to opt out of receiving this information by contacting us by email or by following the unsubscribe instructions at the bottom of emails sent to you.

Opting out of receiving the above mentioned messages will not prevent the sending of messages that specifically relate to your order(s).

We may use personal information that we collect about you to provide products and services to you and to administer orders and payments relating to your purchases from us.

You will need to permit us to place data files ("cookies") on your computer to enable you to use some features of some of our websites. Where you choose not to enable cookies from our Website, some functionality of those Website may not be available to you.

We may disclose your personal information as required by law.

Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.

You can request details of your personal information that we hold, and ask us to correct it, at any time.


General Conditions
We reserve the right to change these terms and conditions from time to time by notice, which may be in the form of a notice posted on our website at www.tyreworks.co.nz.

If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.

If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.

Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.

We may deliver notices to you by sending them to an email address that you have notified to us.